USA Trademark Filing
File your brand with the United States Patent and Trademark Office in the appropriate class.
A trademark registered in India has no effect in the United States. Trademark rights are territorial, and protection in the US requires a separate application to the United States Patent and Trademark Office.
The US system differs from the Indian one in a way that matters commercially: rights are grounded in use rather than in registration alone. An applicant must either be using the mark in US commerce, or have a genuine intention to do so, and must eventually prove it.
What this costs
Basic
$617 plus VAT
+ $390 government fee, payable at actuals
- USPTO Trademark Filing
- USA Licensed Attorney Filing
- 1 Class Application Filing
- US Trademark Search
Use in commerce is the foundation
An application may be filed on the basis of actual use in US commerce, or on an intent to use. An intent-to-use application does not register until use is demonstrated by filing a statement of use with specimens.
Extensions of time to file the statement are available but finite. An applicant who never begins genuine US use will not obtain registration, however long the application is kept alive.
What counts as a specimen
The office requires evidence showing the mark as actually used on the goods or in connection with the services — product packaging, labels, or a website where the goods can be purchased.
Specimens are refused frequently. A logo on a brochure, a mock-up, or a website that merely advertises without offering a means of purchase are all common refusals, and each rejection costs time.
Foreign applicants need US counsel
An applicant whose domicile is outside the United States must be represented by an attorney licensed to practise in the US. This is a rule of the office, not a recommendation.
Filings made without US counsel by a foreign-domiciled applicant are refused, and the fee is not refunded. Any service offering to file for an Indian applicant without US attorney involvement is either using one without saying so or is about to waste your money.
After registration
- A declaration of continued use between the fifth and sixth years after registration
- Renewal and a further declaration between the ninth and tenth years, and every ten years after
- Failure to file the declarations cancels the registration
- Optional declaration of incontestability after five years of continuous use
How we handle it
- 1 Clearance search The US register is searched for conflicting marks before the fee is committed, since it is not refundable.
- 2 Choosing the basis We establish whether to file on actual use or intent to use, and what that means for the timeline.
- 3 Preparing the identification The goods and services description is drafted to the office’s standards, which are stricter than the Indian registry’s.
- 4 Filing through US counsel The application is filed by a licensed US attorney, which is mandatory for a foreign-domiciled applicant.
- 5 Office actions Refusals and requirements are responded to within the deadline set by the office.
- 6 Publication and registration The mark publishes for opposition, and on an intent-to-use basis a statement of use is filed before registration.
Frequently asked questions
Does my Indian trademark protect me in the US?
No. Rights are territorial. Protection in the United States requires a separate application there.
Do I need a US attorney?
Yes, if your domicile is outside the United States. It is a requirement of the office, and filings made without US counsel are refused with the fee not refunded.
Can I file before selling in the US?
Yes, on an intent-to-use basis. But registration does not issue until you demonstrate actual use in US commerce by filing a statement of use with specimens.
Why are specimens refused so often?
Because the office requires evidence of the mark as actually used in commerce. Mock-ups, brochures and websites that advertise without offering a means of purchase are all commonly rejected.
What has to be filed after registration?
A declaration of continued use between the fifth and sixth years, and renewal with a further declaration between the ninth and tenth years and every decade thereafter. Missing them cancels the registration.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about USA Trademark Filing
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
Request This Service
More in International & Cross-Border
Have a Legal or Documentation Need?
Talk to our experts today. Transparent pricing, fast processing and dedicated support.